11-26-51 November 26,1951
Regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers at 7:30 P.M. with Mayor Walter A Reth
in the Chair, and City Attorney Nell E. MacMil~ n, City l~znager Robert
Lovelace and the following Councilmen present: R. J. Holland, W.A.Jacobs,
John N. Kabler and W. C. Musgrave, a quorum being present.
Mr. E. W. Ennis, Contractor, presented a request for a temporary
building permit, on behalf of his client H. E. Adelsperger, owner of
Lot 61, McGinley & Gosman Subdivision, on the southeast corner of N.
Federal Highway and 8th Street, to build a small office or store buildtmg
on this property, which could be moved at some time in the Future when
the property would be permanently developed. Mr. Ennis explained that
the owner planned this small temperary building to improve the corner until
a suitable permanent structure is decided upon. He felt it would be an
asset to the City in~e meantime, rather than an unsightly vacant lot on
this corner.
Mr. Ralph Hughson, Building Inspector, stated that the plans
submitted did not show a 12' ceiling height, as required in all business
districts, and the building was of frame construction which is prohibited
in this fire zone.
City Attorney MacMillan recommended that the request be re~erred to
the Zoning Board for consideration of the deviations from regulations,
and upon motion of Councilman Holland, seconded gy Councilman Kabler,
and unanimously carried, the Council referred the request for temporary
permit submitted by Mr. ~mis, as outlined above, to the Zoning Board
for recommendation back to the Council.
Col. A. L. Fabens, owner of the N. ½ ~f Lot 13, Block E, Palm
Be~ch Shore Acres, addressed the Council. He stated that for a distance
of 800' north of the public beach there are seven residences which have
beach rights. These property owners have attempted to improve their
land east of Ocean Blvd. but t~ere has been no way of stopping people
from parking their cars there, and landscaping has been continually
spoiled. He asked the Council, on behalf of the other prooerty owners and
himself, to extend the curbing north for t~is distanceso that they might
try again to landscape that area east of the Blvd. He claimed that there
is no objection to people crossong their, private property to fish on the
beach, or b~th, but they would lik~ to beautify that section along the
Bouldv~rd snd not ha?e it destroyed.
Mrs. Margaret Price, owner of Lo~s 6 and 7, Block E, Palm Beach
Shore Acres, also addressed the Council. She stressed the fact that she
had no objection to people walking across her property, but she felt that
planting on the east side of the Blvd. was a protection during a storm,
and also that cars parking off of the right-of-way cut up the ground and
caused a serious traffic hazard.
It was pointed out by Councilman Kabler that the exact locstion
of the Ocean Blvd. right-of-way was questionable, and there is a
possibility that the Boulevard may be widened. He also questioned the
City's authority to extend a curb line for private benefit.
After consideration, a motion was made by Councilman Kabler,
secinded by Councilman Musgrave, and unanimously c~rried , instructing
the City Manager to make an investigation to determine what the
County is planning in the way of widening the Blvd. in the immediate future
and also the exact location of the Blvd. right-of-way in this location,
and to report b~ck to the Council at the next regular meeting.
November 26,1951
A proposed p~licy for the use of the Civic Center Building, as prepared
by the City Manager, was read as follows:
Upon motion of Councilman Kabler, seconded by Councilman Musgrave,
and unanimousl~ carried, the foregoing policy was adopted.
City Manager Lovelace advised the Council that in coloring a
zoning map it was discovered that the Zoning Ordinance specifies that
a Residence "0~ district shall be colored "white", which makes it
difficult to know whether areas are zoned as Residence "C" or unzoned.
He asked that the Zoning Ordinance be amended to provide that Residence
"C"~zones be designates by "orange".
Upon motion of ouncilman Holland, seoonded by Councilman Kabler,
and unanimously carried, the City Attorney was instructed to prepare ~uch
amendment to the Zoning Ordinance for adoption.
Second and final estimate of Jack E. Carver, Contractor, on the
Sea Spray Ave. storm sewer project was presented by the City Manager, who
recommended that payment be made in the amount of $ 1,939.42, holding back
lO%until the improvement is finally accepted.
A motion was made by Councilman Holland, and seconded by Councilman
Kabler, that the estimate be paid as recommended, and upon call of roll
the motion was, carried unanimously.
November 26,1951
City Manager Lovelace then advised the Coumcil that Mr. Scott, the
owner of the Seacrest Hotel, had agreed to rent the space for one Fire
truck and quarters for one Fireman, in the Seacrest Hotel garage, for
$ 150.00 a month, beginning November 1st, 1951, plus an~ estimated cost
for electricty of not over $ 10.00 per month.
Councilman Kabler and Holland felt that a temporary building
should be build on City owned property, instead of renting space, which
building could be added to in the future when a permanent Fire Station
is needed on the Beach.
After discussion, a motion was made by Councilm-n Holland to in-
struct the City Manager to obtain a tentative plan and estimate of cost
for a building which will be adequate temporarily, to be built on City
property on the Beach, which can be added to for a permanent structure
in the future. The motion was seconded by Councilman Kabler, and
carried unanimously.
A letter from the Sunny South Lodge No. 671, I.B.P.O.E.W., asking
permission to use the ~ladioli Fair grounds for a Festival for the
benefit of their building fund, and also ~sking that license fee be
waived, was read as follows:
SUNNY SOUTH LODGE NO. 671
I.B.P.O.E.W.
Delray Beach, Florida .. _
November 15th 1951.
TO THE OFFICERS AND MEMBERS OF THE CITY COUNCIL:
DELRAY BEACH, FLORIDA.
GREETINGS:
Our Lodge, Sunny South Lodge No. 671, I.B.P.O.E.W. of Delray Beach,
Florida, wi~hes to have a "Festival" from December 3rd to December 8th
1951. All ~'unds derived will be used toward our building fund.
We are arranging to get our rides and concessions from Mac's Florida
Bazaar Supply of West Palm Neach, Florida. And because of the fact it
will not be a travelling Carnival we would like to ask you to please
waive the license fee and allow us to have the Festival without having
to pay the regular license fee. We are also requesting that we be allowed
to use the lot used by other festivals and entertainments of this typ~.
We are expecting that in the near future we will have an Elk's Lodge
Building that will be a distinct credit to 1me commumity.
Thanking you in advance for your kind consideration in this matter,
and with the assurance of our very keen appreciation for the same, we are
Very thankfully yours,
John 'Brady, E.R.
Roland Taylor, S~retary
John Young, C.H.C.
November 26,1951
It was explained to representatives of the ~s Lodge who were
present, that the Fair Grounds are leased to the Fladioli Fa/2 Co~mm~ttee,
and permission to use this site would have to be obtained from them.
Upon motion of Councilman Kabler, seconded by Councilman Holland,
and unanimously carried, the Council agreed to refund the license fee
after the festival, providing the grounds are left in a satisfactory
condition, in line ~with past p~licies.
The three proposed amendments to the City Charter, which will be
voted on at the General Election to be held on December 4th, were explained
by the City Manager; and the City Attorney, or other City Officials, were
asked to outline these amendments to different Civic organizations during
the coming week.
Mayor Roth brought our the fact that the widening of Atlantic
Ave. is not included in ~e contract for the construction of Atlantic Ave.
bridge. He felt that the Council should take some action to urge the
County to widen and improve this thoroughfare to its full width, from
the Federal Highway to Ocean Boulev~, in connection with the bridge
project.
A motion was then made by Councilman Kabler, to authorize the
Mayor and City Manager to contact the County Commission and the State
Road Department, requesting the paving of Atlantic Avenue to its full
width, from the Federal Highway east to Ocean Boulevard, in conjunction
with the new bridge construction. The motion was seconded by Councilman
Holland, and upon call of roll carried unanimously.
Mr. Cecil Farrar filed several complaints on matters pertaining to
public welfare, which were noted as follows:
1. Immediate action of rocking of S. E. 4th Ave. from
1st to 2nd Street. (This improvement has been authorized
by the Council and will be done as soon as rock is available
from the County).
2. Trash collections not made on schedule.
3. Traffi'c hazards on corners where vision is obscured by
shrubbery, etc. on City Pight-of-ways.
4. Stop signs down or not standing erect. Drivers do not
heed stop signs.
5. Pavement broken at corner of S. W. 5th Ave. and Atlantic
Avenue, which may cause an accident.
6. Railroad crossing signal needed at N. E. 8th Street crossing.
The foregoing complaints were considered by the Council, and referred
to the City Manager for investigation.
The meeting then adjourned.
IsI
City Clerk